Foreman Percy FBI Records Disclosed 5-2-86

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

UNITED STATES OF AMERICA

V.

NELSON BUNKER HUNT
W. HERBERT HUNT
RALPH SHANK
CHARLES TESSMER
B. H. TIMMINS, JR.
EDWARD J. HUDSON
PERCY FOREMAN

CRIMINAL NO.

The Grand Jury charges:

COUNT 1

1. From on or about January 16, 1970, to and until on
or about February 28, 1973, in the Northern District of Texas and
elsewhere, NELSON BUNKER HUNT, W. HERBERT HUNT, RALPH SHANK,

CHARLES TESSMER, B. H. TIMMINS, JR., EDWARD J. HUDSON, and PERCY'
FOREMAN did unlawfully, knowingly, and willfully combine, conspire,
confederate, and agree together and with each other to commit

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offenses against the United States; to wit, to obstruct justice

in violation of Title 18, United States Code, Section 1503,

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all in violation of Title 18, United States Code, Section 371.

2 . It was part of the conspiracy to obstruct justice
that the co-conspirators would corruptly influence, obstruct and
impede and corruptly endeavor to influence, obstruct and impede
the due administration of justice in connection with the investi-
gation of violations of federal wiretapping laws. Title 18, United
States Code, Sections 2511 and 2512/ conspiracy to violate federal
wiretapping laws. Title 13, United States Code, Section 371/
counseling, procuring, aiding and abetting violations of federal
wiretapping laws, Title 13, United States Code, Section 2, and
violations of other criminal statutes of the United States, in

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the Northern District of Texas and elsewhere, the said investi-
gation beginning on or about January 16, 1970, and continuing
until on or about February 28, 1973, and being conducted by federal
grand juries sitting in the Northern District of Texas from on or
about January 16, 1970, until on or about February 28, 1973, in
conjunction with the United States Attorney’s office for the
Northern District of Texas and the Federal Bureau of Investigation.

3 . It was part of the conspiracy that the conspirators
would corruptly influence, obstruct and impede, and corruptly en-
deavor to influence, obstruct and impede, the due administration
of justice in connection with the investigation referred to in
paragraph two (2) for the purpose of preventing the indictment
by the Federal Grand Jury in the Northern District of Texas of
NELSON BUNKER HUNT and W. HER3ERT HUNT for participation in
violations of the federal wiretapping statutes. Title 18, United
States Cede, Sections 2511 and 2512, and other criminal statutes
of the United States in the Northern District of Texas, by
corruptly endeavoring to influence, intimidate and impede pro-
spective witnesses who had knowledge of the participation of
NELSON BUNKER HUNT and W. HERBERT HUNT in violations of federal
wiretapping statutes, Titl6‘ 18, United States Code, Sections
2511 and 2512.

4 . Among the means by which the conspirators carried out
the objects of the aforesaid conspiracy were promises of payments
of money to attorneys for prospective witnesses who had knowledge
Of the participation of NELSON BUNKER HUNT and W. HERBERT HUNT in
wiretapping in Dallas, Texas, in November and December, 1969, and
January, 1970; admonitions to prospective witnesses of possible
harm resulting from testifying about the participation of NELSON
BUNKER HUNT and W. HERBERT HUNT in wiretapping in Dallas, Texas,

in November and December, 1969, and January, 1970; promises that
prospective witnesses we'd not be indicted as a result of contacts
with high government officials on behalf of NELSON BUNKER HUNT
and W. HERBERT HUNT; offers of monthly payments of money to

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prospective witnesses if they went to prison and did not testify
about the participation of NELSON BUNKER HUNT and W. HERBERT. HUNT
in wiretapping in Dallas, Texas, in November and "December, 1969,
and January, 1970; and secret payment of $100,000.00 to PERCY
FOREMAN to guarantee the silence of prospective witnesses who
had knowledge of the participation of NELSON BUNKER HUNT and
W. HERBERT HUNT, in wiretapping in Dallas, Texas, in November
and December, 1969, and January, 1970.

OVERT ACTS

In furtherance of the conspiracy and to effect the objects
thereof, the following overt acts, among others, were committed in
the Northern District of Texas and elsewhere:

1. On or about January 17, 1970, W. HERBERT HUNT met
W. J. Everett at Love Field, Dallas, Texas.

2. RALPH SHANK, CHARLES TESSMER and W. HERBERT HUNT

talked on the telephone January 19, 1970. *

3. On or about January 19, 1970, RALPH SHANK purchased a
cashier's check in the sum of $500.00 payable to CHARLES TESSMER.

4. On or about February. 4, 1970, in Dallas, Texas, W.
HERBERT HUNT told W. J. Everett that financial assistance would
be provided Jon Kelly. ‘‘

5. Jon Kelly met RALPH SHANK and W. HERBERT HUNT in
Dallas, Texas, on or about February 6, 1970, and was told that
the wiretapping case was being taken care of, that Kelly would
not be prosecuted for wiretapping and th5t CHARLES TESSMER would
be his attorney in the traffic hearing.

6. On or about March 6, 1970, in Dallas, Texas, RALPH
SHANK purchased a cashier's check in the sum of $100.00 payable
to CHARLES TESSMER. „

7. On or about March 6, 1970, RALPH SHANK stated that
W. J. Everett should "hang tight" and that the wiretapping case
was being worked on at a "higher level."

8. During the summer of 1970, NELSON BUNKER HUNT told
W. J. Everett ‘ -at NELSON BUNKER HUNT would take care or he wire-
tapping ca- I there would be no indictments.

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9. On or about May 15, 1971, Jon Kelly met with CHARLES
TESSMER in Dallas, Texas, and was told by CHARLES TESSMER that
"the Hunts" would pay his fee and would provide an attorney for
Patrick McCann.

10. On or about June 4, 1971, Patrick McCann was told
in Dallas, Texas that "the Hunts" would pay his attorney fees.

11. On or about August 15, 1971, CHARLES TESSMER told Jon
Kelly that "the Hunts" were powerful people and that Patrick McCann
would be stupid to testify against them.

12. On or about October 15, 1971, CHARLES TESSMER placed
a telephone call to Jon Kelly in Houston, Texas, and stated
"...and I believe that Ronnie told you that it would be $500.00
for every month you served in the penitentiary and $750.00 for
your wife while you were gone."

13. On or about October 15, 1971, NELSON BUNKER HUNT,

W. HERBERT HUNT and RALPH SHANK caused Patrick McCann to be told
that he would receive $1,250.00 per month while he was in prison
if he did not talk to the authorities about the wiretapping
case. , ,

14. On or about November 16, 1971, RALPH SHANK, in
Dallas, Texas, delivered a-check in the sum of $2,500.00 to
B. H. TIMMINS, JR. for legal services for NELSON BUNKER HUNT
and W. HERBERT HUNT.

15. On or about December 1, 1971, B. H. TIMMINS, JR. told
W. J. Everett in Dallas, Texas, that W.'J. Everett would receive
$800.00 per month while he was in prison.

16. On or about December 17, 1971, PERCY FOREMAN stated
to EDWARD J. HUDSON that he wanted $50,000.00 to represent Jon
Kelly and $100,000.00 to represent Jon Kelly and Patrick McCann,
to be paid indirectly.

17. On or about January 3, 1972, RALPH SHANK called
EDWARD J. HUDSON from Dallas, Texas, and told EDWARD J. HUDSON
to agree .. pay PERCY FOREMAN $50,000.00 to represent Jon Kelly.

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18. On or about January 3, 1972, PERCY FOREMAN told

EDWARD J. HUDSON that he would guarantee that Jon Kelly would not

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testify before the grand jury.

19. On or about January 4, 1972, EDWARD J. HUDSON spoke
to NELSON BUNKER HUNT in London, England, and NELSON BUNKER HUNT
confirmed the instructions of RALPH SHANK to pay $50,000.00 to
PERCY FOREMAN.

20. On or about January 12, 1972, EDWARD J. HUDSON

purchased a cashier's check in the sum of $50,000.00.

21. On January 14, 1972, PERCY FOREMAN executed a receipt

to EDWARD J. HUDSON for $50,000.00.

22. On or about January 25, 1972, PERCY FOREMAN told

Jon Kelly that Jon Kelly should not testify against “the Hunts
because they would stop at nothing to keep Kelly from testifying.

23. On or about February 4, 1972, PERCY FOREMAN told
Jon Kelly that testifying against “the Hunts" would be suicide.

24. On or about March 15, 1972, Jon Kelly asked PERCY
FOREMAN if Jon Kelly should give testimony in the wiretapping in-
vestigation and PERCY FOREMAN tdld ,Jon Kelly that the government

could not help him if he were dead.

25. On or about February 2, 1972, W. J. Everett met

With PERCY FOREMAN.

26. On or about February 3, 1972, PERCY FOREMAN told
EDWARD J. HUDSON he wanted $50,000.00 to represent W. J. Everett.

27. On or about February 4, 1972, PERCY FOREMAN asked
EDWARD J. HUDSON if W. J. Everett would receive the same “treat-
ment as promised Kelly."

28. On or about February 8, 1972, NELSON 3UNKER HUNT
told EDWARD J. HUDSON to offer PERCY FOREMAN $75,000.00 to re-
present W. J. Everett and Patrick McCann.

29. On or about February 8, 1972, PERCY FOREMAN told
EDWARD J. HUDSON that he would take $50,000.00 to handle Patrick
McCann and W. J. Everett.

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30. On or about February IS, 1972, NELSON BUNKER HUNT
gave an I.O.U. in the sura of $100,000.00 to EDWARD J. HUDSON.

31. On or about March 2, 1972, EDWARD J. HUDSON purchased
a cashier's check in the sum of $50,000.00.

32 On or about March 2, 1972, PERCY FOREMAN executed a

receipt to EDWARD J. HUDSON for $50,000.00.

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' COUNT 2

On or about October 15, 1971, in the Northern District
of Texas, CHARLES TESSMER, RALPH SHANK, NELSON BUNKER HUNT
and W. HERBERT HUNT, unlawfully, willfully and knowingly did
corruptly influence, obstruct and impede and did corruptly en-
deavor to influence, obstruct and impede the due administration
of justice in connection with an investigation being conducted
by the Federal Bureau of Investigation and the United States
Attorney’s office for the Northern District of Texas in con-
junction with the grand jury of the United States District Court
for the Northern District of Texas into violations of federal
wiretapping statutes. Title 18, United States Code, Sections
2511 and 2512; conspiracy. Title 18, United States Code, Section
371 , and other federal crimes in the Northern District of Texas
by offering to Jon Kelly, a person with knowledge of the identities
of persons responsible for and participating in the activities
which were the subject of the investigation and a prospective
witness, payments of $1,250.00 per month for every month he was
in prison if he did not testify ^and provide information about
the participation of NELSON BUNKER HUNT and W. HERBERT HUNT in
the wiretapping activities.^which were the subject of the in-
vestigation, in violation of Title 18, United States Code, Section
1503 and Title 18, United States Code, Section 2.

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• COUNT 3

On or about October 15, 1971, in the Northern District

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of Texas, NELSON BUNKER HUNT, W. HERBERT HUNT and' RALPH SHANK
unlawfully, willfully, and knowingly, did corruptly influence,
obstruct and impede and did corruptly endeavor to influence,
obstruct and impede the due administration of justice in connection
with an investigation being conducted by the Federal Bureau
of Investigation and the United States Attorney's office: for
the Northern District of Texas in conjunction with the grand
jury of the United States District Court for the Northern District
of Texas, into violations of federal wiretapping statutes, Title
18, United States Code, Sections 2511 and 2512; conspiracy.

Title 18, United States Code, Section 371, and other federal
crimes by causing an offer to be made to Patrick McCann, a person
with knowledge of' the identities of persons responsible for
and participating in the activities which were the subject of
the investigation and a prospective witness, payments of $1,250.00
per month for every month he was in prison if he did not testify
and provide information about the participation of NELSON BUNKER
HUNT and W. HERBERT HUNT in the wiretapping activities which
the subject of the investigation, xn violation o^_ fitle
18, United States Code, Section 1503, and Title 18, United States
Code, Section 2.

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' COUNT 4

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On or about November 4, 1971, in the Northern District
Of Texas, VT. HERBERT HUNT, RALPH SHANK and NELSON' BUNKER HUNT
unlawfully, willfully and knc '.ugly did corruptly influence,
obstruct and impede and did c-. rruptly endeavor to influence,
obstruct and impede the due administration of justice in connection
with an investigation being conducted by the Federal Bureau
of Investigation and the United States Attorney's office for
the Northern District of Texas in conjunction with the grand
jury of the United States District Court for the Northern District
of Texas into violations of federal wiretapping statutes. Title
18, United States Code, Sections 2511 and 2512; conspiracy.

Title 18, United States Code, Section 371, and other federal
crimes in the Northern District of Texas by offering to Jon
Kelly, a person with knowledge of the identities of persons
responsible for and participating in the activities which were
the subject of the investigation and a prospective witness,
payments of $1,250.00 per month for every month he was in prison
if he did not testify and provide information about the^ participa-
tion of NELSON BUNKER HUNT and W. HERBERT HUNT in the wiretapping
activities which were the Subject of the investigation, in violation
of Title 18, United States Code, Section 1503 and Title 18,

United States Code, Section 2.

indict;-::

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COUNT 5

On or about December 1, 1971, in the Northern District
Of Texas, B„ H. TIMMINS, JR., RALPH SHANK, W. HERBERT HUNT and
NELSON BUNKER HUNT, unlawfully, willfully, and knowingly did
corruptly influence, obstruct, and impede, and did corrputly
endeavor to influence, obstruct and impede the due administration
of justice in connection with an investigation being conducted
by the Federal Bureau of Investigation and the United States
Attorney's office for the Northern District of Texas in conjunction
with the grand jury of the United States District Court for
the Northern District of Texas, with violations of federal wire-
tapping statutes. Title 18, United States Code, Sections 2S11
and 2512; conspiracy. Title 18, United States Code, Section
371, and other federal crimes, by offering to W. J. Everett,
a person with knowledge of the identities of persons responsible
for and participating in the activities which were, the subject
of the investigation, and a prospective witness, payments of
§8,00.00 per month for every month he was in prison if he did
not testify and provide information about the participation -

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of NELSON BUNKER HUNT and W. HERBERT HUNT in the wiretapping
activities which were the subject of" the investigation in violation
of Title 18, United States Code, Section 1503 and Title 18,

United States Code, Section 2.

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On or about January 4, 1972, in the Northern District
of Texas, NELSON BUNKER HUNT , W. HERBERT HUNT, RALPH SHANK, EDV7ARD
■J. HUDSON, and PERCY FOREMAN unlawfully, willfully and knowingly
did corruptly influence, obstruct and impede and did corruptly
endeavor to influence, obstruct and impede the due administration
of justice in connection with an investigation being conducted
by the Federal Bureau of Investigation and the United States
Attorney's office for the Northern District of Texas in conjunction
with the grand jury of the United States District Court for the
Northern District of Texas, into violations of federal wiretapping
statutes. Title 18, United States Code, Sections 2511 and 2512;
conspiracy. Title 18, United States Code, Section 371, and
Other federal crimes , by agreeing to secretly pay to PERCY FOREMAN
the sum of $50,000.00 to represent Jon Kelly, a person with knowledge
of the identities of persons responsible for and participating in
the activities which were the subject of the investigation and
a witness, for the purpose of guaranteeing that Jon Kelly would
not testify before the federal grand jury in the Northern District
of Texas which was conducting the investigation into wiretapping
activities in the Northern--- District of Texas, in violation of Title
18, United States Code, Section 1503 and Title 18, United States
Code, Section 2.

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COUNT 7

On or about February 8, 1972, in the Northern District
of Texas, NELSON BUNKER HUNT, W. HERBERT HUNT, RALPH SHANK, EDWARD
J. HUDSON and PERCY FOREMAN, unlawfully, willfully and knowingly
did corruptly influence, obstruct and impede and did corruptly
endeavor to influence, obstruct and impede the due administration
of justice in connection with an investigation being conducted by
the Federal Bureau of Investigation and the United States Attorney's
office for the Northern District of Texas in conjunction with the
grand jury of the United States District Court for the Northern
District of Texas, into violations of federal wiretapping statutes;
Title 18, United States Code, Sections 2511 and 2512; conspiracy.
Title 18, United States Code, Section 371, and other federal crimes,
by agreeing to secretly pay to PERCY FOREMAN the sum of $50,000.00
to represent W. J. Everett, a person with knowledge of the identities
of persons responsible for and participating in the activities which
were the subject of the investigation and a prospective witness, for
the purpose of preventing W. J. Everett from testifying before the

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federal grand jury in the Northern District of Texas which was
conducting the investigation into wiretapping activities in the
Northern District of Texas, in violation of Title 18, United States
Code, Section 1503 and Title 18, United States Code, Section 2.

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COUNT 8

1. On or about August 29, 1974, in the 3 Northern District
of Texas, CHARLES TESSMER, having duly .taken an oath that he would
testify truthfully, and while testifying in a proceeding before a
grand jury of the United States, duly empanelled and sworn in the
United States District Court for the Northern District of Texas,

on January 22, 1974, did knowingly make false material declarations
as hereinafter set forth, all in violation of Title 18, United
States Code, Section 1623.

2. At the time and place alleged, the said grand jury
was conducting an investigation in conjunction with the United
States Attorney's office for the Northern District of Texas and
the Federal Bureau of Investigation to determine whether violations
of Title 18, United States Code, Sections 371 (conspiracy), 1503
(obstruction of justice) , and of other statutes of the United States,
had been committed in the Northern District of Texas and elsewhere,
and to identify the individual or individuals who had committed,
caused the commission of, and conspired to commit such violations.

3. It was material to said investigation that the
grand jury ascertain, among other things, whether offers of monthly
payments were made to Jon Kelly and others if they went to prison
and did not testify about the participation of NELSON BUNKER HUNT
and W. HERBERT HUNT in the wiretappings in Dallas, Texas in November
and December, 1969, and January, 1970, and the identity and motives
of the individual or individuals who were responsible for, par-
ticipated in, or had knowledge of the making of such offers to

Jon Kelly and others.

4 . At the time and place alleged, CHARLES TESSMER,
appearing as a witness under oath before the said grand jury, did
knowingly declare with respect to the material matters alleged in
paragraph 3 as follows:

Q. Did you ever have any conversations with Mr.

Jon Kelly n which you conveyed to him an offer of a

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sum of $1,250 a month for all the months he served in
the penitentia:

A. No, sir.

q. jjid you ever have any conversation with him in
which you told him, approximately the middle of October,
1971, that the sum of $1,250 would be paid $750 to his
wife and $500 to him for each of these months?

A. No, sir. Not with the fee I was getting, with
three years in the penitentiary if he had to stay there.

X just didn't do that. Never have. . . .

Q. Did you ever convey such an offer on behalf of .

any other parties.

A. No, sir. . . .

******

Q. You did not, on behalf of Ralph Shank or any
other party, convey such an offer? * .

A. No, Sir. ... I

Q. . . . Did you ever have any conversation with

Mr. Shank in which you discussed money to be paid Mr .
Kelly or any other defendant, in the sum of approximately
$1,250 a month? “

A. No, sir.

FOREMAN OF THE GRAND JURY: . . . did you have

any conversation with any of the defendants relative to
their financial support while they were incarcerated,
independent of the source of that money.

THE WITNESS: No, sir. I surely didn't.

5. The answers quoted in paragraph 4 made by CHARLES
TESSMER were material to the said investigatic and, as he then
and there well knew, were false, in' violation of Title 18, United
States Code, Section 1623.

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COUNT 9

1. On or about October 31, 1974, in the Northern District
of Texas, CHARLES TESSMER, having duly taken an oath that he would
testify truthfully, and while testifying in a proceeding before a
grand jury of the United States, duly empanelled and sworn in the
United States District Court for the Northern District of Texas, on
January 22, 1974, did knowingly make false material declarations as
hereinafter set forth, all in violation of Title 18, United States

Code, Section 1623. \

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2 . At the time and place alleged, the said grand jury was
conducting an investigation in conjunction with the United States
Attorney's office for the Northern District of Texas and the Federal
Bureau of Investigation to determine whether violations of Title 18,
United States Code, Sections 371 (conspiracy), 1503 (obstruction of
justice), and of other statutes of the United States, had been
committed in the Northern District of Texas and elsewhere, and to
identify the individual or individuals who had committed, caused
the commission of, and conspired to commit such violations.

3 . It was material to said investigation thdt the grand
jury ascertain, among other things, whether CHARLES TESbMER had

ever been requested to represent or had ever represented the personal
interests of NELSON BUNKER HUNT or W. HERBERT HUNT in connection
with their participation in the wiretappings in Dallas, Texas, in
November and December, 1969, and January, 1970, either prior to or
during the pendency of the representation of Jon Kelly by CHARLES

TESSMER.

4. At the time and place alleged, CHARLES TESSMER,
appearing as a witness under oath at the proceeding before the said
grand jury, did knowingly declare with respect to the material
matters alleged in paragraph 3 as follows:

r . Were you hired as counsel for Herbert or Bunker

Hunt a. that time?

A. No, sir.

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Q, When were you hired to represent Herbert or

Bunker Hunt? ^

A. X never was hired to represent Herbert or Bunker

Hunt.

Q. Were you asked to represent Herbert or Bunker
Hunt at any time?

A. No, sir.

Q. Prior to the time you represented Jon Kelly,
did you — were you solicited to represent Herbert or
Bunker Hunt?

A. No, sir.

* * * * * *

Q. Were you ever asked to represent Herbert
Hunt in January of 1970?

A. No, sir. . . .

******

Q. Were you ever asked by Mr. Shank, or told by
Mr. Shank that your services in this matter, as an
attorney, were on behalf of Herbert Hunt?

A. No, sir.

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5. The answers quoted in paragraph 4, made by CHARLES
TESSMER, were material to the said investigation and, as he
then and there well knew, were false, in violation of Title
18, United States Code, Section 1623.

- A TRUE BILL

FOREMAN

FRANK D.. Me CONN
United States Attorney

RICHARD H. STEPHENS, Assistant
United States Attorney

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